ORDER CH. IFTIKHAR HUSSAIN, J.--- Petitioner. Muhammad Navees through the instant petition has sought for post-arrest bail in case F.I.R. No.759 registered under sections 302, 324, 34, P.P.C. With Police Station Sadder, District Faisalabad on 18-7-2008.
2. Briefly the prosecution case as per the F.I.R. Is that on 18-7-2008 at about 4-00 p.m., Imran and others haying rifles, in furtherance of their common intention, have committed the qatl-e-and of Abdul Rehman's, the son of the complainant, and attempted the qatl-e-and of Munir Ahmad, his maternal grandson and of his on self. It was on account of demand of commission by them from the complainant party in reseat of sale of land..
3.After hearing the learned counsel. For the parties and perusing the record, I find that the only role assigned to him in the commission of the crime alleged is as follows:-- {{URDU TEXT}} This would show that he statedly along with three others has -made only ineffective firing on the complainant. He, while, has not, at -all, been ascribed any injury or fire shot either to the deceased or injured Munir Ahmad. The question of his sharing common intention for the -qatl-e-amd of the deceased and attempt on the life of Munir Ahmad would be determined at trial.
4. Besides than this, he admittedly during the investigation has been found to be innocent and his name so placed in Column No.2 of the challan report under section 173, Cr.P.C.
5. Admittedly, he has undergone full period of remand of fourteen days and still but no recovery of any kind has been effected from him.
6. All such facts essentially require further inquiry into his guilt. His case, therefore, is covered under subsection (2) of section 497, Cr.P.0
7. He allegedly has remained proclaimed offender for a period of about two years. I am afraid that when his case, otherwise, has been on merits found to be one of further inquiry into his guilt and covered under subsection (2) of section 497, Cr.P.C. Merely his alleged: absconsion cannot come in his way to grant of the relief prayed for to him. In this regard, reference can be ma-de to the case of "Niamat Ali v. The State" (2009 YLR Karachi 367).
8. He statedly is a previous non-Convict. His trial statedly as yet has not. Commenced.
9. In these circumstances of the case, I have been persuaded to hold that he has made out case for his release on bail.
10. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court..